Current European regulations only allow VAT recovery for registered business entities. There is a separate refund system available for goods, not services, purchased for personal use, either directly with the merchant or at exit points from the EU.
Non-EU resident tourists can, in most cases, apply for a refund of the VAT paid on gifts and merchandise bought for export out of the country. The refund should be requested at the last port before departure from the EU.
Refund rules vary from country to country. The main types of recoverable expenses fall within the following categories:
There are very strict deadlines imposed by each tax authority.
Businesses based in EU – The deadline for submission of claims is 30th September of the following year.
Non-EU based businesses – The deadline for submission of claims is 30th June of the following year.
UK (non – EU claimants) – The filing deadline for VAT refund claims on expenses incurred in the United Kingdom between July 1 of each year and June 30 of the following year is December 31 of this year (this deadline is only applicable for companies located outside European Union countries).
The eligibility of VAT refund for bookings made through a TMC is not guaranteed.
In cases where the TMC applies a mark-up and then re-bills the service to your company (TOMS scheme), VAT is not refundable.
If the TMC is simply consolidating payments but hotels still directly invoice your company, VAT is refundable (local exceptions apply).
If an entity conducts business, such as selling goods or services within the European Union, that may require VAT registration with the local tax authorities. VAT registration should be done prior to the business activity if possible. However, in some cases it can be done retroactively. VAT registration means that the non-EU company is required to:
Cross-border VAT refunds to EU-registered companies are based on the provisions stated in the Council Directive 2008/9/EC (known as the 8th VAT Directive up until 2010). This Directive details the full rules and regulations for foreign VAT refunds to taxable entities not established in the EU Member State of Refund but established in another EU Member State.
To reclaim VAT under Council Directive 2008/9/EC the company must not have supplied services or goods in the country where they incur VAT, although there are some exceptions to this rule. For more information, please get in touch with our team.
Refund of cross-border VAT to business is based on the regulations and rules provided in the Council Directive 86/560/EEC (13th VAT Directive) on the harmonisation of tax laws of the EU Member States relating to turnover taxes making arrangements for the refund of VAT to taxable companies who are not registered in the EU. These companies are entitled to reclaim input VAT by submitting an application according to the specific rules of the EU Member State concerned.
To reclaim VAT under Directive 86/560/EEC during the refund period, the foreign business must not have supplied services or goods in the country they incurred the VAT, although there are some exceptions to this rule. Also, the company must not have been established in any other EU Member state or be VAT registered in the refunding EU member state. For more information, please contact our team at info@globaltaxreclaim.com.